BAIL ORDER AFTER CONVICTION – COURT MUST STATE GROUNDS

    Supreme Court, Criminal Lawyer


Normally, in Criminal Appeals, High Court grants bail/ Suspension of Sentence by short and cryptic orders. i.e. without discussing the offence, evidence and the grounds on which bail/ suspension of sentence is made out. It is commonly understood that Bail/ Suspension of Sentence is the Complete discretion of the Judge concerned. 

 

In a recent judgment of Preet Pal Singh Vs. The State of Uttar Pradesh decide by Supreme Court on August 14, 2020, this popular presumption (Bail/ Suspension of Sentence is the complete discretion of the Judge concerned) was stuck down and Bail Order was set aside because High Court has failed to discuss and make out the grounds for grant of Bail. 

 

In the said judgment Hon’ble Supreme Court observed that 

In considering an application for suspension of sentence, the Appellate Court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous. Where there is evidence that has been considered by the Trial Court, it is not open to a Court considering application under Section 389 to re-assess and or re-analyse the same evidence and take a different view, to suspend the execution of the sentence and release the convict on bail. 


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